Smith v. Hallum

I respectfully dissent to the majority’s reversal of the judgment of the trial court modifying the trust pursuant to OCGA § 53-12-153.

The majority relies in part on the apparent absence of precedent from any state authorizing the use of judicial modification to disinherit a named beneficiary based on alleged instances of misconduct. However, unlike the traditional rule in most states precluding any deviation from the distributive provisions of a trust, the Georgia statute “is not . . . limited to administrative terms.” Comment to OCGA § 53-12-153. See also Restatement (Third) of Trusts § 66…